FOSS notes, part III

Stardate 8.3.2007: The last 2 missing documents from my original FOSS notes request found their way from the local CIC office to my mailbox. By now, I really don't even care what they say other than to check to ensure the information is correct. There are 2 pages entitled Work In Progress - Remarks, and they read, in part:

16JUN2006 SPOUSAL APPLICATION; HPM R00163XXXX FOR $1675.00 SUBMITTED - OVERPAYMENT OF $485.00. 1344A COMPLETED BY SPOUSE ON FILE... JWWW/IPS
CASE REFERRED TO CIC ETOBICOKE 3296 FROM B6604 07NOV2006 - HPM RECEIPT #R00163XXXX FOR $1675.00 TAKEN - O/P OF $485.OO FOR RPRF REDUCTION NOT REFUNDED AS FILE IS BEING TRANSFERRED TO CIC. SPOUSE IN CANADA APPLICATION RECEIVED 15FEB2006. SPONSOR XXXX XXXXX XXXXX APPLICATION INCLUDES DEP. SON - XXXXX XXXXX DOB: XXXX XXXXX PA HAS LISTED DTR O/S - NOT INCLUDED - XXXX XXXX XXXX DOB: XXXX XXXXX RCMP PASSED 20JUN2006 FBI CERT SUBMITTED - NO RECORD. PA SON HAVE VALID PASSPORTS FROM THE USA - BIRTH CERTS SUBMITTED AS WELL. RECORD OF MARRIAGE SUBMITTED - DIVORCE CERT FROM PA. PA WAS BORN XXXXXXXX & SPONSOR WAS BORN XXXXXX - AGE DIFFERENCE. PA & SPONSOR FROM DIFFERENT CULTURAL BACKGROUNDS. PHOTOS SUBMITTED SHOW ONLY A VERY SMALL GROUP OF PEOPLE IN ATTENDANCE & IT WA A VER PRIVATE MARRAIGE CEREMONY WITH A SMALL GROUP IN ATTENDANCE & THEY WENT OUT TO DINNER AT A RESTARANT.

Well, finally, after months and months (yes we have hit the 18 month mark) we get to the heart of the matter. CIC doesn't like the fact that I am older than my husband and that we are of different cultures. It is comforting to know they do not like our marriage ceremony either. At this point, it is all academic anyway. I do not have anything left to send them to prove the validity of our marriage, so they have to base their decision on what they have. I certainly can argue this is no way can ever be construed as a marriage of convenience, because I can find better employment, health care, housing, grocery stores, and just about everything, in the U.S. If I was after convenience, I would of, and should of, stayed there. But I look at this information as helpful when we get to processing my spouse for U.S. immigration and am better prepared, so for that, CIC, I thank you and flip you the bird simultaneously.

FOSS notes, part II

July 30, 2007 brings another large, brown envelope from my paper worshiping Canadian government employees at my local CIC office. I wasn't really expecting this one, so I am curious. I open it to find a letter with some attachments. The letter reads, in part:

This is further to correspondence sent to you on July 16, 2007 from J. Kourakos, Acting Privacy Co-ordinator, Etobicoke CIC.

I have had an opprotunity to review the information withheld by Ms. Kourakos. As a result, I am pleased at this time to be able to release three additional documents to which you are entitled under Section 12(1) of the Privacy Act. Certain information contained therein qualified for exemption pursuant to Section 26 of the Privacy Act. A copy of the relevant section of the Act is enclosed for ease of reference. The two remaining documents will be forwarded to the Access to Information and Privacy Division, National Headquarters in Ottawa, for their consideration.

The 3 pages I received show my husband and my son and 'related secondaries' whatever that means and my medical results. Well, not the actual medical results, just some codes for the medical which list me as 'passed.' I am curious why no medical results for my son are included and I am even more curious about the still missing 2 documents referred to in the letter.

The medical has me puzzled and pissed. I remember calling CIC and asking them about my medicals and they advised me that they had not been reviewed. Seems a bit more than obvious that they have the information and it is a 'pass.' Either the Call Center agents have no idea what they are doing or they don't want me to know anything about my immigration status. Or both.

FOSS notes received, part I

The same day that I received the deportation threat from my friendly CIC agent, I receive a large brown envelope from CIC. The envelope had a return address of the local CIC office. Inside where several pieces of paper. The cover letter reads, in part:

This in in response to your request for personal information made under the Privacy Act which was received by Citizenship & Immigration Canada on 04 July 2007.

An extension of up to 30 days beyond the 30 calendar day statutory time limit will be required to respond to your request. The extension is being applied in accordance with subsection 15(a)(ii) of the Privacy Act.

Attached to that letter is a blank form entitled "Record Correction Request Form." Attached to that is 4 pages of computer print screens. The top of each of these print screens is labeled: Document Name: FOSS. Yippee! These are those FOSS notes, the ones that are supposed to identify the reason(s) for the delay of my file. Each page has only the top half with text and the bottom half is empty.

The first 3 pages basically give biographical data about myself. My name, date of birth, address, eye color, passport number, language preference, etc. Very non exciting stuff and things that I pretty much know about myself. On the last page, the page entitled "Work In Progress - Events" there is a bit more information. It reads:

Referred to CIC 07Nov2006
RPRF Fees Taken/Loan Applied 07Nov2006
Processing Fees Taken 07Nov2006
Deallocation occurred 07Nov2006
RPRF Fees Taken 07Nov2006
Processing Fees Taken 07Nov2006
IMM0703 - CSIS Check Req 16Jun2006
IMM0703 - RCMP Check Req 16Jun2006
Application in Process 16Jun2006
Application Received 15Feb2006

So, they ordered my RCMP (Royal Canadian Mounted Police) criminal check on June 16, 2006. They also ordered my CSIS check on that same day. The CSIS is a mystery to everyone. I know they preform the non-criminal part of the background check and they are probably looking to see if I am a member of some terrorist cell or some other group who gathers with the purpose of overthrowing the government. If was not a member of the latter group, I should be now, I think to myself. They applied my fees and thank the lord for that. I was worried they didn't get their money early enough in the process. And they transferred the file. I find these notes unhelpful and they just prove that they really haven't done anything with the file since the day they received it.

Gotta know when to hold 'em, know when to fold 'em

Late June 2007 has a flurry of activity, on my part at least. Through this forum, I learned about ordering FOSS notes. These are the electronic notes made by immigration officers regarding an immigration file. I quickly mailed off my request for them. Perhaps these notes can shed light on what exactly the issue is any why my application is still sitting, virtually untouched for 16 months. I hope that these notes do not take years to get, but I don't count on it.

Also, I investigate the idea of withdrawing my application in whole and reapplying an 'outside' application, namely through the Buffalo NY CIC office. The outside applications have a consistent history of being processed faster than the 'inside' applications. I believe this is due to the way CIC frowns upon 'inside' applications, but who really knows for sure. In order to make an informed decision, I contact the friendly paper worshiping Canadian government employees and the Call Center. You would think that we are on a first name basis now, but sadly, we are not. I inquire about the withdrawal process and getting a refund. If Nemo has shown me anything, it is like bailing the Titanic with a thimble, and not likely to be successful.

I mentally prepare myself for the lack of information I am about to receive from the Call Center. Imagine my surprise when I reach a *gasp* helpful agent! His name is Phillip. I quiz Phillip for almost 45 minutes. He researches all my questions and takes at look at my file. He informs me that based upon my file, he thinks I should be eligible for a complete refund (less $75 processing fee that CIC keeps in any circumstance). He says that nothing has been processed on my file. He sees no notes on the medical exam either. I find this rather disturbing, that my file has been there for 16 months and some paper worshiping government employee took it out of one pile in Alberta and stuffed it into an envelope and whisked it away to another CIC office in Ontario where it sits unopened. I inform him that I had recently ordered my FOSS notes and I was curious if those notes would indicate the reason for this dreadful delay. He states frankly: 'No, the FOSS notes won't help you figure that out.' Phillip also kindly states that any request to withdraw and subsequent refund takes about 12 weeks. (I ponder this and come up with the formula of 12 weeks in CIC time equals about 1 year in Earth time, based on my experience.)

At this point, my husband and I have to determine what kind of gamblers we are. Do we withdraw an application that is, perhaps, ~5 months (November 2007) from being looked at in Ontario or do we withdraw the whole thing and start over in Buffalo which also seems to be running at about 5 months initial processing time? Other factors include the fact that the medicals would have to be redone ($600) and new fingerprints ordered from the FBI ($40 but at least 3 months of waiting time), and we would be out the application fees until CIC refunded the original fees, if they ever do. We mull this dilemma for a few days and elect to keep the original application going. Emotionally, I want to wrestle my file from the wretched, cold hands of the Alberta and Ontario CIC immigration officers while beating them with a wooden spoon, but we can't always have what we want, can we?